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在印度尼西亚,法院裁决后,副总统吉布兰的“文凭门”会困扰他的未来吗?In Indonesia, will VP Gibran’s ‘diploma-gate’ haunt his future after court ruling?

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对印度尼西亚副总统吉布兰·拉卡布明·拉卡的这场法律挑战可能会影响他的政治前途,尽管他已成功摆脱了有关其学历问题的负面法律裁决。

A legal challenge to the vice-presidency of Indonesia’s Gibran Rakabuming Raka could haunt his political future even though he has survived damning court findings on his educational qualifications.

周二,印度尼西亚宪法法院驳回了要求罢免这位前总统佐科·维多多儿子的请求,裁定原告们缺乏提起诉讼的法定资格。不过,法院也未能找到确凿证据表明吉布兰的海外教育经历符合总统候选人所需的最低教育要求(即相当于印度尼西亚高中毕业的水平)。

The Constitutional Court on Tuesday dismissed a petition to unseat the son of former president Joko Widodo, ruling that the plaintiffs lacked legal standing. But it also found no convincing evidence that Gibran’s overseas education met the minimum high-school qualification required for presidential candidates.

法律专家指出,这一裁决将争议的焦点转移到了议会和执法机构手中,可能会给吉布兰带来更多麻烦。不过政治观察人士认为,总统普拉博沃·苏比安托不太可能冒险引发可能破坏政府稳定的冲突。吉布兰曾在2024年大选中与普拉博沃搭档参选,并获得了58.59%的选票,因此他目前很可能会继续担任副总统;不过分析人士认为,他的政治前途仍将面临诸多质疑。

Legal experts say the ruling has shifted the battleground to parliament and law enforcement agencies, potentially opening a Pandora’s box for Gibran. Political observers, however, doubt President Prabowo Subianto would risk a confrontation that could destabilise his government. Gibran, who ran on the 2024 ticket alongside Prabowo – capturing 58.59 per cent of the vote – is likely to retain his office for now, but analysts say he will be dogged by questions over his future political career.

在宣判时,首席大法官苏哈托约表示:“由于原告们并非选举的参与者,他们缺乏对选举结果提出质疑的法定资格。因此,法院裁定他们的诉讼请求不予受理。”

Delivering the judgment on Tuesday, Chief Justice Suhartoyo argued that the plaintiffs lacked legal standing to dispute the presidential election result because they were not contestants in the race. “Consequently, the court rules that their petition be declared inadmissible,” he said.

尽管法院明确表示自己无权取消吉布兰的副总统职务,但它也指出:“目前没有确凿证据”能够证明吉布兰完成了相当于印度尼西亚高中毕业的教育水平。

Although the court unequivocally stated it was in no position to disqualify the vice-president, it noted there was “no convincing evidence” to confirm that Gibran had completed an education equivalent to Indonesian senior high school.

在宣判后的新闻发布会上,原告之一雷弗利·哈伦律师对记者开玩笑说:“在宪法法院的历史上,这样的裁决竟然让双方都感到高兴,实在前所未闻。”

In a news conference after the ruling, lawyer Refly Harun, one of the plaintiffs, quipped to reporters that it was unprecedented in Constitutional Court history for a ruling to bring celebration to both sides of a trial.

“被告很高兴,因为他目前仍然可以保留副总统职位。但我们也很高兴,因为我们已经成功证明他没有高中文凭,” Refly说道,并补充说,这一判决应该让Gibran感到羞耻,从而引咎辞职。

“The defendant is happy because he still gets to keep his vice-presidency, for now. But we are also happy because we’ve satisfactorily proved that he doesn’t have a high school diploma,” Refly said, adding that the ruling should shame Gibran into resigning.

这起事件在当地被称为“Gibran的文凭门”。9月10日,由宪法律专家兼前律法部副部长Denny Indrayana领导的12名原告向法院提交了诉讼。

Known locally as “Gibran’s diploma-gate”, the saga erupted on September 10 when 12 plaintiffs, led by constitutional law expert and former deputy minister of law and human rights Denny Indrayana, filed a petition with the court.

在他们的诉讼中,他们指控Gibran篡改了他的中学学历认证。根据2003年通过的印度尼西亚选举法,总统和副总统候选人必须完成高中或同等学历。

In their complaint, they accused Gibran of manipulating his secondary school degree equivalency certification. Under Indonesian election law passed in 2003, presidential and vice-presidential candidates must have completed senior high school or its equivalent.

根据他的教育记录,Gibran在新加坡的Orchid Park Secondary School就读,完成了O-Level考试,随后在澳大利亚悉尼的UTS Insearch学习了一个路径项目。随后,他通过新加坡管理发展学院于2010年获得英国布拉德福德大学的营销学学士学位。原告要求法院以欺诈为由宣布他的副总统职位无效。

According to his educational record, Gibran attended Orchid Park Secondary School in Singapore, where he completed his O-Levels, before taking a pathway programme at UTS Insearch in Sydney, Australia. He subsequently attained his bachelor’s degree in marketing from the UK’s University of Bradford via the Management Development Institute of Singapore in 2010. The petitioners asked the court to nullify his vice-presidency on grounds of fraud.

Gadjah Mada大学法学与社会正义研究中心主任、副教授Herlambang P. Wiratraman告诉《This Week in Asia》,宪法法院作出了一项周全的判决,已经尽到了其法律权限所能做的极限。

Herlambang P. Wiratraman, an associate professor and director of the Research Centre for Law and Social Justice at Gadjah Mada University in Indonesia, told This Week in Asia that the Constitutional Court had delivered a sound ruling that had gone as far as its legal remit allowed.

“我认为这是一个有力的推动,促使其他国家机构根据判决行事,履行他们在宪法下的职责,” Herlambang说。

“I see it as a vigorous nudge at getting the other state institutions to act on the verdict and do their jobs under the constitution,” Herlambang said.

担任原告律师团专家证人的州行政法学者Bivitri Susanti也认为,这一判决为Gibran的下台打开了其他法律途径。

State administrative law scholar Bivitri Susanti, who testified as an expert witness for the plaintiffs during the court’s two-week proceedings, agreed that the ruling opened up other legal avenues for Gibran’s removal.

“众议院现在可以合法地启动对副总统的弹劾程序,”她说,并补充称,执法机构也应就盖布兰涉嫌伪造文凭展开调查,以强化弹劾案。

“The House of Representatives can now legally start a process of impeachment against the vice-president,” she said, adding that law enforcement agencies should also initiate an investigation into Gibran for alleged forgery to strengthen the impeachment case.

“所以这球现在在政客们的手上。”周三,一个自称为“维护国家道德伦理和廉洁”的团体向警方就盖布兰伪造学历记录立案。

“So the ball is in the politicians’ court now.”On Wednesday, a group calling itself Advocators For Upholding National Ethics, Morals and Integrity filed a police report against Gibran for falsifying his educational record.

“但我怀疑警方不会进行实质性的调查,”新加坡东南亚研究所(ISEAS-Yusof Ishak Institute)的政治分析人士兼访问研究员马德苏普里亚特马(Made Supriatma)表示。

“But I suspect the police will stop short of conducting an actual investigation,” said Made Supriatma, a political analyst and visiting fellow at the ISEAS-Yusof Ishak Institute in Singapore.

马德表示,普拉博沃(Prabowo)将希望阻止此事升级为一场全面的政治危机。“弹劾程序的后果对他的政府来说过于动荡和难以预测。”普拉博沃至今回避了这场争议,没有公开评论。

Made said Prabowo would want to prevent the issue from escalating into a full-blown political crisis. “The ramifications for an impeachment process would be too volatile and unpredictable for his administration.”Prabowo has so far steered clear of the controversy, offering no public comment.

然而,新近任命为政府通讯局局长的沙盖达纳纳伊贡加洛(Syahganda Nainggolan)周一在一个播客节目中表示,总统“早就知道盖布兰的假文凭,但认为这是政府优先解决的问题”。

However, Syahganda Nainggolan, recently appointed head of the Government Communications Agency, said in a podcast on Monday that the president had “long been aware of Gibran’s fake diploma, but saw it as a non-priority for the government to tackle”.

雅加达民调机构Saiful Mujani Research and Consulting的研究员兼项目经理塞义丹(Saidiman Ahmad)指出,他认为这场辩论中有一个被忽视的方面。

Saidiman Ahmad, a researcher and programme manager at Jakarta-based pollster Saiful Mujani Research and Consulting, pointed to another aspect of the debate he believed was being overlooked.

“作为民主的守护者,法院应该考虑到,将选举权限制在特定教育背景的人士手中,这种做法无论是精英主义还是排他性,都是不妥的,”塞义丹表示。他质疑将正式资格作为公职人员的评判标准,并指出,大多数西方民主国家并未对当选的政治领导人设定教育前提条件。

“As a guardian of democracy, the court should’ve borne in mind that limiting elected office to people of certain educational backgrounds is elitist, if not non-inclusive,” Saidiman said. He questioned using formal qualifications as a benchmark for public officials, pointing out that most Western democracies did not impose educational prerequisites on elected political leaders.

他还质疑原告方将Gibran的海外教育作为法律漏洞的动机。"显而易见,他们通过这种 maneuver 瞄准了他的背后,最终目标是他的政治垮台——要么通过罢免,要么通过技术性条款阻止他参加未来的选举。"

He also questioned the plaintiffs’ motives in targeting Gibran’s overseas education as a legal loophole. “It’s obvious they had a target on his back with this manoeuvre, with the end game being his political demise – either through removal from office or by barring him from future elections on technicalities.”

但Made表示,Gibran在处理教育文凭时所做的事情基本上是非法的。"他试图通过伪造来规避现有规定,这是绝对错误的。"分析人士对法院的调查结果是否会自动阻止Gibran今后竞选副总统或总统意见不一致。"这种对他个人名誉的宣判应该强烫阻止政党提名他作为候选人,"Bivitri说。

But Made said that what Gibran did with his education documents was essentially illegal. “He sought to circumvent existing regulations through falsification, and that is always wrong.”Analysts are divided on whether the court’s findings automatically bar Gibran from running again for vice-president or president in the future. “This constitutional blight on his persona should strongly dissuade political parties from nominating him as a candidate,” Bivitri said.

相反,Saidiman认为,只要能从教育部获得适当的学位 equivalency 证书,这一判决不会阻碍Gibran的未来竞选。

In contrast, Saidiman saw the ruling as no impediment to Gibran’s future candidacy, provided a proper degree equivalency certificate could be obtained from the Ministry of Education.

Gibran公开否认自己没有完成中等教育。"如果我没有毕业于高中,我就无法进入大学。请记住,我是在新加坡完成高等教育的,"他星期三对记者说。

Gibran has publicly denied not having completed his secondary education. “If I hadn’t graduated from high school, I wouldn’t have been able to enrol at a university. Please bear in mind I finished my tertiary education in Singapore,” he told reporters on Wednesday.

Made表示,Gibran可能会保留目前的职位,但可能会付出代价。"他的政治合法性将受到严重影响,"Made说。"这会一次又一次地纠缠着他。"约翰尼斯·努格罗霍撰写

Made said that Gibran might retain his current post but would likely not emerge unscathed. “His political legitimacy will greatly suffer as a result,” Made said. “And this will come back to haunt him again and again.”